This article was prepared for Irwin Legal by Mr Anthony Aristei.
The first blog in our Caravan parks and camping grounds series established the popularity and prevalence of this type of accommodation in Western Australia (and in Australia as a whole).
Temporary accommodation sites are a great place to meet fellow campers, experience a wide range of holiday destinations, and avoid paying for expensive hotels while travelling.
However, it isn't always smooth sailing, as conflicts can (and do) arise between:
- Caravan park owners and occupants;
- Local shires or city councils and the caravan park (usually through its operator);
- WA government departments and the caravan park owners or operators.
A network of rules and regulations have been developed to resolve the conflicts that arise. The mesh or network of legal rules and regulations are specifically aimed at the caravan parks and camping grounds sector. They are intended to regulate the rights and responsibilities of the different persons or entities. (Apart from specific legislation, the ordinary civil and criminal laws of WA are also applicable to caravan parks and camping grounds).
What are the laws which are in place?
A network of rules and regulations has developed in response to conflicts relating to the ‘population’ of camping grounds and caravan parks in WA. Particularly since the law reform activities of the 1990s, those rules and regulations are primarily contained in the following items of legislation, namely:
- Caravan Parks and Camping Grounds Act 1995 (WA);
- Caravan Parks and Camping Grounds Regulations 1997 (WA);
- Residential Parks (Long-stay tenants) Act 2006 (WA);
- Residential Parks (Long-stay tenants) Regulations 2007 (WA);
- Local Government Act 1995 (WA);
- Local Government (Functions and General) Regulations 1996 (WA);
- Local Government Model By-laws (Caravan Parks and Camping Grounds) No. 2 (WA);
- Criminal Code Act Compilation Act 1913 (WA);
As noted, the State’s civil and criminal laws (and remedies) otherwise govern the transient populations who reside in a WA camping ground or caravan park at any given time.
It is beneficial for travellers and residents at caravan parks and camping grounds to familiarise themselves with some of the relevant laws and regulations. Your diligence can help prevent or deal with legal issues or conflicts, as well as ensuring that everyone has a safe and positive camping experience.
How do the laws operate?
The following case-examples demonstrate the practical application of some of the rules. A common procedure that sometimes arises at a residential caravan park is the termination of a long-stay agreement. The subject of “long-stay agreements” is itself the subject of a separate blog in the series. This form of agreement is actually a hybrid between landlord and tenancy law and Caravan Park regulation.
The procedure for termination of a long-stay agreement by a Caravan Park operates separately from the Residential Tenancies Act (WA). The latter applies to nearly all residential leases in Western Australia. Long-stay agreements are confined to Caravan Park regulation, especially the Residential Parks (Long-Stay Tenants) Act 2006.
In the case of Rockingham Holiday Village v Woods-Armes, the State Administrative Tribunal (SAT) considered a specific legal issue relating to a default notice issued by the park operator to a tenant.
The question for the Tribunal focused on whether the default notice relied upon by the Park operator had been validly given under the relevant legislation.
The legal consequence if the default notice was held to be invalid was that the Park Operator’s termination notice would also be invalid.
There are several provisions in the Residential Parks Act and regulations which detail the requirements for the preparation of service of a default notice under the legislation.
In the present case, the default notice claimed that an amount of rent was unpaid, and claimed that a default had therefore occurred.
However, the rent record relied upon by the Park Operator did not accord with the stringent requirements of the legislation. In particular, the record did not detail what each payment was made for, and the period in respect of which the rent was paid.
As the calculations of the payable rent at the date of the default notice did not accord with the rent record, the Tribunal was not satisfied that the default notice was validly made in accordance with the Act.
Although the Tribunal was not satisfied as to the validity of the default notice and the resulting validity of the termination notice, the result was “academic”. By agreement made between the Park Operator and the tenant, vacant possession of the caravan site was delivered up.
By contrast, a different result occurred in the case of Tallott v City of Stirling (No. 2). In this interesting case, a camper took on the “Might” of the City of Stirling as to the validity of the council’s permits required for camping outside the area of prescribed premises within the City’s bounds (such as caravan parks).
The camper mounted the argument that the requirement of a permit to camp in the City of Stirling area (outside of prescribed premises) exceeded the City’s power to regulate or control camping, as it amounted to a prohibition.
There’s no doubt that there are limitations on the power of local and shire councils to impose local laws on subject-matter relating to caravan parks and camping grounds.
But, in the circumstances of this case, the Court of Appeal of the WA Supreme Court had no difficulty in ruling that the City’s local laws were validly made.
Contact Us
If the issues discussed in this blog are relevant to you and/or you require legal assistance, you can contact Tony or Andrew at Irwin Legal on admin@aristei.com.au or by contacting 08 92218337.